WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 10

Oct 29, 2018

Question #144: I know you guys are probably swamped with questions about divorce and I hate to add to it but I can’t really get a straight answer. I am in the military stationed in Virginia. I was married in New York 2 years ago, but only lived with my spouse for about a month before we called it quits. Go figure. I have met someone else and would like to get on with my life but her and I are still legally married even though I haven’t seen or even talked to her in almost 2 years. I want to know if I can file for a no-fault divorce in Virginia even though I am a New York resident and was married in New York? Thank you for your time.

If you are a New York resident and got married in NY you must file in NY. I strongly suggest you consider mediating your divorce. If you reside in the NYC metro area, please call me at 212-370-1660 to discuss the matter in greater length. Leonard M. Weiner, Esq/Divorce Solutions

Oct 29, 2018

Question #143: I am in a unique situation, I have been married for a month and a half and want to get a divorce. I married him because at the time I was pregnant and my mother threatened to kick me out of the house if I didn’t. A few days after the marriage I miscarried and since then all I recieve is verbal abuse on a daily basis. I need to get out of this relationship. Is it possible with such a short time period after the marriage? If so, how long can it take to complete?

In order to get a divorce in NY you must have grounds, such as adultery, cruel and inhuman treatment, abandonment, etc. If your spouse is cooperative we can find the proper grounds to sue for an immediate divorce. If you are living in the NYC metro area, please call me to discuss mediating your divorce […]

Oct 29, 2018

Question #142: I have lived in a nightmare for the past two years. My husband of 31 years cheated on me with my so called best friend. Not only was she my friend but for the last two years she worked for me and I had no recourse at work but to work along side of her otherwise I would have lost my 21 year job. Because I live in this Great New York, the laws are terrible. I had emails that they shared and cards and also copies of his poems to her. Since they were not caught in the act, I cannot sue for adultery. I have been back and forth in court for the last year and since it is a NO FAULT State, me the innocent party suffers. I am 50K in debt with one lawyer who I dismissed and now I have another lawyer and it still goes on. What makes matters worse is that I make more money then he does, so since I do and he has no benefits I have to share all of my retirement benefits. To make matters worse he wants survivor benefits. Not only survivor benefits, but my pto Paid Time Off. He wants half of that when I retire. Let’s see, oh yes he wanted support, he wants me to have a life insurance policy, the list goes on and on. I can even go further and tell you that this man that I have no idea who he is, took private pictures of me during our marriage and when I found his emails to his girlfriend, I found he had been posting my pictures on the Internet at different porno sights. Well New York has no laws on this either, so all he has received by the District Attorney and the Judges here in Putnam County, but a slap on the wrist. I have to sell the house and all I do is clean up his mess.

This really does sound like a Divorce Horror Story that unfortunately occurs much too often as a result of our legal system and its warped sense of justice. Try mediating your divorce . If your spouse refuses, I suggest you find another attorney who is experienced in matrimonial matters and can better represent you. You […]

Oct 29, 2018

Question #141: My friend in NY has been Married for about 1 year and 10 months but has been living apart from her husband for 7 months now. No legal separation has been filed yet (she did know she needed it). But she would like to get a final divorce as soon a possible, as she would like to move on with her life. Is there a way that she would not have to wait a full year? And if she does have to wait the year after the separation papers have been filed is she free to see other people during that year?

She does not have to wait a year. It is a common misconception people have. If both parties are ready to move on we can file for divorce immediately. If your friend is living in the NYC metro area, have her call me at 212-370-1660 to arrange for a meeting to discuss the matter at […]

Oct 29, 2018

Question #140: I have been married with my husband for three years and I am working on giving him his residence thru immigration. After three years of marriage I discovered he was unfaithful and in fact had a child recently with another women. I want to get divorce but I don’t know how I can approach this. Can you help me??? Please let me know how much the cost will be. I do reside in Yonkers, NY.

I can assist you both in getting your divorce. I suggest you tell him that you cannot continue in the marriage and want to go to a divorce mediator to resolve all issues and file the papers. Please call me at 212-370-1660 to arrange for a meeting for all 3 of us to meet together […]

Oct 29, 2018

Question #139: I am an Indian and my son lives in New York City for last eight months. He was married to Indian girl in India 3 years back. The marriage was registered as per Indian Marriage Act. Both of them went to US eight months back on H1B Visa and staying seperately there for last eight months. They appear not in a mood to continue relationship and want Divorce. Now can they get divorce in New York (US) itself OR they have to come down to India? What are the procedures? What about Distribution of property in India?

Once they have lived in New York State for 1 year, they can meet the NY residency requirement for NY to have jurisdiction and can file in NY. Any property located in India that belongs to the parties can be divided in the NY divorce decree as well, but if one of the parties objects […]

Oct 29, 2018

Question #138: I have been married for less than 6 months and I’m considering divorce; based on the information I read it seems that an annulment is out of the question. But I would like to know what exactly constitutes fraud (in regards to an annulment)? My husband is 20 and I’m 27 and we only lived together for the first 2 months of our marriage. He is currently in a government funded school program…..Can my husband ask for alimony even though we do not live together? Can I have him served with divorce papers at his school??? Can anyone serve him??? I would appreciate any help in this matter…..never thought I would have to go through this…..but I’m sure that’s what a lot of us are saying!!!

Fraud has to be something the Court would consider serious, such as he told you he wanted children and he could not have children or he did not disclose to you that he has a serious mental or physical ailment for which he has been hospitalized in the past and which would interfere with his […]

Oct 29, 2018

Question #137: A little over 3 years ago my daughter, a US citizen, moved to the United Kingdom and married. Her husband, 2 1/2 years later, moved to Singapore. She lived in London for 7 months alone then moved to Singapore for one month and now realizes the marriage is over. How, and, where can she file for a legal separation or divorce?

Generally, she should file where she is residing . Each jurisdiction has its own minimum residency requirements in order to hear the case . For instance, NY requires a minimum of one to two years, depending on certain circumstances. If she intends to return to NY, have her call me at 212-370-1660 and we can […]

Oct 29, 2018

Question #136: If someone is residing in NY and was married in NY and wants to get a divorce quickly in another state or country can they do that? There are no children in the marriage. And they have decided amicably how to divide the assets.

Each State has its own residency requirements ( e.g. in NY it is generally a minimum of one year and could be up to two years, depending on certain circumstances) before it will accept jurisdiction in a divorce matter. I would be very wary of out of country (i.e. Mexico, Dominican Republic, etc.) quickie divorces […]

Oct 29, 2018

Question #135: I have a 18 month old son from a 15 month marriage. We have been living in separate residences and apart for 11 months. My wife ( soon to hopefully be my ex wife)is has been not very cooperative with my visitation, not showing up many times for the court ordered visits with my son, which we do the exchange at the local precinct because she cannot be trusted. She had me arrested several months ago and has an order of protection on me for completely baseless accusations(the court system is just outrageous of what is allowed men have no rights in ny) She is now refusing to sign the divorce papers stating that she wants a passport for my son which I absolutely refuse to agree to because i truly believe that she will leave the country and take my son away and I love my son with my life ( seriously she has family abroad). Can the divorce still go through while we are disputing this and she refuses to sign the papers?Can the Judge rule that she can have this passport leaving me powerless?Does the judge have that power? This whole mess has reached Supreme court already. Thank you for you time.

In New York, the divorce proceedings are divided into two parts. The first part is proving grounds , and the second part is dealing with the division of marital assets, child custody and support, and spousal support, and any other issues that may be pertinent to the divorcing couple. You did not indicate which stage […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #136: If someone is residing in NY and was married in NY and wants to get a divorce quickly in another state or country can they do that? There are no children in the marriage. And they have decided amicably how to divide the assets.